UNITED STATES ENVIRO MENTAL PROTECTION AGE CY

REGION 8

1595 Wynkoop Street

DENVER. CO 80202·1129

Phol1(' HOO-217-fN17

http://\\'\\ \\'.cpa. gov/r<.'gion08

MAY 16 2012

Ref: 8P-AR

CERTIFIED MAIL -RETURN RECEIPT REQUESTED & ELECTRONIC MAIL

JoDcll Mizoue

Stall' l:.1l\ ironmclllal Specialist

\\ PX I:nt.·rg) Willislon. LLC

100 I It h Street. Suit~ 1200

Demer. Colorado 80202

RE: Request for Infonnmion Pertaining 10 Emissions

Control Equipment at Oil and Gas Production Facilities on

the Fort Berthold Indian Reservation

Dear Ms. Mizoue,

As you know. the Em ironmenial Protection Agenc) (EPA) is expediting th.: dc\ l.'lopmcnt ofu

R('st.·nalioll-specilh: Ft:'<.kmllmplt:llH..'lllalion Plan (Fir) to establish Ii:derall) enlon::\.'able n:qllin.:rnl..'Jlh

to nmtrol \ uhtlill..' organic compound (VOe) emissions lrom oil and gas prodllt:tlUn aCli\ itil..'s (i.c.

storagt: lank and heatl.'r-trealcr cmissions) \\ ithin the exterior boundari(,'~ of the "ort llcnhold IndHlIl

Reservalion (FBJR) in North Dakota. The EPA's action wOldd require owners and operators of oil and

gas well production facilities to reduce VOCs released during the extraction and storage ofhydrocnrbon

reservoir fluids prior to being transferred ofT site for sale or treatment.

As part of our effort to develop federally enforceable requirements under the FIP for oil and gas

production facilities, the EPA is evaluating VOC emission control technologies employed by operators

on the FBIR. The agency is requesting information that will allow us to determine the associated cost

impacts of the proposed emission control requirements.

Ihis inl{lnnatioll rl.'qul.'st pl.'rtains!O WPX I.:nergy Williston's (WPX's) operations on tIll.' FBlR. 1)ll.'as\.'

~ubl11itlhc informalion rcqucstl.'d below for WPX's oil and gas exploration and prodll\,;tiun 1;1I.;iliti(:~

located on the FBIR:

I. Please provide the average cost incurred to develop a synthetic minor permit application for an

oil and gas exploration and production facility on the FBIR.

2. Please provide the average cost incurred on an annual basis for each of the following types of

control equipment:
a. A pit Flare capable of achieving 90% VOC destruction efficiency;

b. A utility nare that is manufacturer certified for 98% VOC destruction efficiency or compliant

with the requirements for such nares at 40 CFR 60. I8(b):

c. An enclosed combustor that is manufacturer certified for 98% VOC destruction efficiency:

d. An auto-ignition system that includes. an electronically controlled ignition device.

continuous recording device. malfunction alarm. and remote notification system to ensure the

continued presence of a pilot name during operation:

c. A continuous pilot flamc system that includes a thermocouplc. continuous recording device

malfunction alann. and remote notification system to ensure the continued presence of a pilot

name; and

r. A vapor recovery system (VRU) for capture and recovery ofstorage tank gases.

3. Please describe the source ofthe data and the methodology used in calculating items 2(a)

lhrough 2(r). The average annual cost incurred should include, but is not limited 10. the following

list of cost clements:

3. rhe total capital inv~stm~nt (Tel) cost. \\hich includes hut is tlotlimilcd 10. the capital co~1

fm the prim.u) control dc\ ice. nu>..iliar) cquipment and instrumentation. piping. performance

te\ting. as...oeiated utilities. cngincering and systcm design. freight. sile preparation.

foundation. construction and field expenses. instatlation. etc.:

b. The operation and maintenance (O&M) cost (equipment, pilot fuel, ctc.):

c. The annualized labor costs such as saJary and benefits associated with

monitoringlrecordkeepinglreporting requirements and O&M activities; and

d. The annualized non-labor costs such as office supplies. vehicle costs. and infonnation

technology.

Cost elements for each type of control equipment should not overlap to avoid duplicative cost from

accumulating.

4. For each piece of equipment identified in 2(a) lhrough 2(r), please provide thc expected life for

each component. Any costs associated with maintenance over the life of the unit should be

annualized and included as part ofthe annual O&M costs reported.

5. Please provide the average cost associated with the sale of recoverable product from a VRU.

Due to the expedited development ofthe FIP. your prompt cooperation is appreciated. We request that

this information be provided to the EPA within 14 calendar days ofrcceipt as indicated by the earlier of

certified receipt or electronic cmail for this letter. Elcctronic submission is prcferred. Please submit

our response to rric \\ ortman al \\ortIlHlJlS}:ic li ep.E.gm.

\\ e requcslthat a dul) authoriled oOiccr or agent or WPX certil) as true. accuratc. and complete thc

re~ponse to this infonllation b) signing the enclosed Statcment ofCertification (Attachment A) and

returning it with the response. Such officer or agent must have sufficient knowledge and authority to

make such rcpresentations on behalf of WPX.

Pursuant to 40 C.F.R. Part 2, Subpart B, WPX is entitled to assert a business confidentiality claim

covering any part of the submitted information. Attachment B specifies the assertion and substantiation

requirements for business confidentiality claims. Failure to assert such a claim makes the submitted

2
information subjcct to public disclosure upon request and without further notice to )'ou. pursuant to the;'

Freedom of Information Act. 5 U.S.c. Section 552. Infonnation subject to a business confidential it)

claim may only be made available to the public in accordance with 40 C.F.R. Part 2. Subpart B.

It is the EPA's understanding that the average emission control device cost data for all ofWPX's

facilities on the FBIR will likely not be entitled to confidential treatment as opposed to specific cost data

for each facility. Jfyou do claim confidentiality. wc request that you submit that portion of the response

(only that speciJic portion for which yOll arc claiming confidential treatment) separately from all other

inlormation.

Also enclosed \\ith this Requestlbr Information is a Small Business Regulatory Enloreement and

Fairness Act (SBREFA) infornlation sheet (see Attachment C).

The requirements of this letter arc not subject to the Paperwork Reduction Act of 1980, 44 U.S.C. §3501

el seq.

If the information requested in this letter has previously been submitted to the EPA, please let us know.

We appreciate your cooperation in this matter. If you have any questions please contact Eric Wortman.

of my stafr. al 303-312-6649.

c:Ya

Carl

Air Program

Daly,DireCI~ Enclosures

3

@printed on Recycled Paper
Attachment A

STATF:MF:NT OF CERTI FICATlON

I certi fy under penalty of law that I have personally examined and am familiar with the infonnation

submitted in this document and all attachments and that, based On my inquiry of those individuals

immediately responsible for obtaining information, I believe that the infonnation is true, accurate, and

complete. I al11 aware that there are significant penalties for submitting false information, including the

possibility of fine or imprisonment.

Signature

Title

Date
Attachment B

Confidential Busillc~s Information (eBl)

Ass('rtioo :lod SubShll1li:ttioo Recluirements

I. Assenion Reqllir~mel1ts

You may assen a business confidentiality claim covering all or pan orthe information requested in thl.'

attached letter, as provided in 40 C.F.R. §2.203(b). Ifportions ofa document have CBI claims, then

please provide a redacted version that would remove any CBI information. To make a contidentiality

claim, submit the requested information and indicate that you are making a claim of confidentiality. Any

document over which you make a claim of confidentiality should be marked by placing on or attaching

to the information. at the time it is submitted to U.S. EPA. a cover sheet. stamped or typed legend. or

other suitable form of notice employing language such as "trade secret" or "proprietary" or "compan)

conlidential" and a date ifany \\hen the infonnation should no longer be treated as conlidential.

Inlormation covered by such a claim will be disclosed by the United States Environmental Protection

Agency (U.S. EPA) only to the extent permitted and by means of the procedures set forth by Section

114(c) ofthe Clean Air Act (the Act), and 40 C.F.R. Part 2. Allegedly confidential portions ofothcr";se

non-confidential documents should be clearly identified. U.S. EPA will construe the failure to furnish a

confidentiality claim with your response to the attached letter as a waiver ofthat claim. and the

information may be made available to the public without further notice to you.

Please segregate personnel, medical and similar files from your responses and include that information

on separate sheet(s) marked as "Personal Privacy Information" given that disclosure ofsuch inlormation

to th" gcni.'r3l public ma) constitutl.' an il1\asion ofpriva(,:~.

~. Sub~lamiallOn RcqlliremL'nt~

All confidentiality claims are subject to U.S. EPA verification and must be made in accordance wilh 40

C.F.R. §2.208 which provides in pan that you satisfactorily show that you have taken reasonable

measures to protect the confidentiality ofthe information and that you intend to continue 10 do so: and

that the information is not and has not been reasonably obtainable by legitimate means without your

consent.

As explained above, if you assert a CBI claim in responding to the attached letter, please specify which

portions ofthe infbnnation you consider conlidential. You must bc specific by pagc, paragraph, :wd

sentence" hen identifying (he information subject to your ch1im. Any infonnation not specific:.llI)

idcmilied as subject to confidentiality claim may be disclosed to the public and a requestor without

further nOlice to )ou. For each item or class of infonnation that you identify as being subject to CBI.

please answer (he following questions, giving as much detail as possible:

a. For what period oftime do you request that the information be maintained as confidential, e.g..

until a certain date, until the occurrence ofa specified event, or pennanenlly? Ifthe occurrence

ofa specific event will create the need for confidentiality, please specify lhat event.

b. Information submitted to U.S. EPA becomes stale over time. Wh) should the inlbnnalion yOlI

claim flS confidential be protected lor Ih(' lime period s(X'ci lied in our (Ins\\ l'r 10 quc~liol1 pi?

c. \\ hat mca~lIn:s haH' ~olltakcn to protL'ctthL' inlormation daillll'd as conlidential'! Ihl\l".' )Oll

disclosed the inlbnnation to anyone other than a gO\ erl1mental bod) or someone \\ ho is bound
by an agreement not to disclose the infonnation further? Ifso. why should the infomlation still

be considered confidential?

d 1<; the infonnation contained in any publicly available material such as the Internet. publici)

a\ailable databases. promotional publications. annual repons. or articles? Is there an) means h~

\\ hich a member of the public could obtain access to the infornlation? Is the infonnation of a

kind that you would customarily not release to the public?

e. Has any governmental body made a determination as to the confidentiality orthe information? If

so. please attach a copy of the determination.

f. For each category ofinrormation claimed as confidential, explain with specificity why release of

the information is likely to cause substantial harm to your competitive position. Explain the

specific nature of those harmful effects. why they should be viewed as substantial, and the causal

relationship bcl\\een disclosure and such harmful effects. Ilow could your competitors make usc

of til is illformat i(lll to our detriment?

g. Do )OU asscrtlhat the information is submilled on a voluntary or a mandatory basis? Please

explain the reason for your assenion. If you assen that the infornlation is voluntarily submitted

information. explain whether and why disclosure of the information would tend to lessen the

availability to U.S. EPA ofsimilar information in the future.

h. Any other issue you deem relevant (including. ifpcrtinent reasons why you believe that the

information you claim to be CBI is not emission or emuent data.)

I)lease note thai emission data. provided under Section 114 of the Act. 42 .S.C. § 7414. is not entitled

to confidential treatment under 40 C.F.R. Part 2. "Emission data" mcans. with reference to an) source of

emission of any substance into the air.

Infonnation nccessary to dctcrmine the identity, amount, frcquency, concentration, or other

characteristics (to the extent related to air quality) of any cmission which has been emitted by the source

(or of any pollutant resulting from any emission by the source), or any combination of the foregoing;

a. Information necessary to detennine the identity. amount, frequency, concentration, or other

characteristics (to the extent related to air quality) of the emissions which, under an applicable

standard or limitation. the source was authorized to emit (including. to the extent necessary for

sllch purposes. a description of the manner and rate of operation of the source): and

h. ,\ gcnaal deseriptlCln of the location and'or nature of the source to tl1\: c\tcnt neccssar~ to

idclltify thc source and to distinguish it from other sources (including. to the extent necessar) for

such purposes. a description ofthe device, installation. or operation constituting the source). 40

C.F.R. §§ 2.30 l(a)(2Xi)(A). (B) and (C).

Emission data includes. but is not limited to. service records stating the amount of refrigerant added to a

unit or reclaimed from a unit.

2
You bear the burden ofsubstantiating your confidcntiality claim. Conclusory allegations will be givcn

little or no weight in the detennination. In substantiating your CSf c1aim(s), U.S. EPA requires that you

to bracket all text so claimed and mark it "CBI". Infonnation so designated will be disclosed by U.S.

EPA only to the extent allowed by, and by means of the procedures set forth in. 40 C.F.R. Part 2.

ubpan B. If you faillo claim the infonnation as confidential. it may be madc mailable to the public

\\ ilhout furtht'r notice to yOll.

3
SEPA United Stetes

Environmental Protection

Agency

Attachment C

Office of Enforcement alld Compliance Assurance (2201 A)

EPAJOO.F..03-001 May2003

u. S. EPA Small Business Resources

I

f you own a small business, the United Stales Environmental Protection Agency (EPA) offers

a vanety of compliance assistance and tools to assist you in complying with federal and stale

environmental laws. These resources can help you understand your environmental obllgatlOt1S. Improve

compliance and find cost-effectlve ways 10 comply through ihe use of pollution preventIOn and other

InnovallVe technologies.

Hotllnes, Helpline. and

Clearinghouses

EPAsponsors approximately 89 free hotlines and clearing·

houses that provide convenlenl assistance regarding

9OVlronmenta) requirements.

The National Environmental Compliance Assistance

Clellrlnghouse provides quick access to compliance

aSsistance tools, contacts. lind planned activITies 'rom tna

U.S. EPA, states, and other compliance assistance

prOYlCHlrs t1tlpJ/Www epa.gov/eleanoghouse

Pollution Preventton Clearlnghouse

httpJIwww.epa.gov/oppl:intrllibrcuylppiCindex.h:m

EPA's Small Business Ombudsman Hotline can

provide a list of aU the hot lines and assist In deter·

mining the hotllne best meeting your needs:

(BOO) 368-5888

Emergency Planning and COmmunity Right-Te>Know Act

(800) 424-9346

National Response Center (to reportoil and hazardous

substance 6p~ls)

(600) 424-8fJ02

Tolles Substances and Asbestos Information

(202) 554·14Q4

Sale Dnnklng Water

(600)42&4791

Stratospheric: Ozone and Refrigerants Infonnatlon

(800) 296-1996

Clean Air Techno'ogy Center

(919)54 t.alOO

Wetlands Helpline

(800) 832-7828

EPA Websltes

EPAhas severallntemetsltes that provide useful compliance assistance inlormation and materials for small

businesses. If you don't have access to the Intemot at

your business, many public libreries provide access to the

Inlernet al minimal or no cost

EPA's Home PlIge

http.llwww.epa gov

Smalt Businesl Assistance Program

hTtp://wMY.epa,govlttnlsbap

Office of Enforcement and Compliance Assurance

htlDJIwMY.epa.p/arnpl:ance

Compliance Assistal"lCfl Home Page

hTtpJIwww.epagovFcomplianceiassistance

Office 01 Regulatory Enforcement

http://www.epa.gov/complianoe/cMllindex.h:ml

Ottlce 01 Site Remediation Enforcement

hnp'llwww.epa.gov/comptianceJcleanup

Innovative Programs for Environmental Performance

hltplfw.Nw epa gov/panners

Small Business Ombudsman

Y.WW.sba.gov/ombudsman

Office of Enforcement and Compliance Assurance: http://www.epa gov/compllance

~"I'C'_""1O'" __......c-........,..._IIl"_.Ioo.. __....__
u.s. EPA SMALL BUSINESS RESOURCES

Compliance Assistance Centers

In paltnershipwith rtdustry. unlversrties, and other federal

and state agencies, EPAhas established national Compll.

ance Assistance Centers that provide Intemet and 1axba~

assistance services tor sevel<ll industries with many small

businesses. The following Compiance Asslstance Centers

can be accessed through lhe Cente(s galeway at hllp:1I

www.asSlStaneecenlers.nelorbycaDi'lgthephonenumbers

belowand at their respective websl\es

Metal FmiShlng

(l-8O().AT.N/I.1FACor www.rvnlrc o(9)

Printing

(l-888-USPNEACor_pneac,org)

AutomotIve Service lind RepaIr

(l-868-GRN·UNK or wnw.ccar-green~nk..org)

Agriculture

(1-8138-663-2155 Of www.epa.gov/agriculture)

Printed Wiring Board Manufacturing

(1-734-995-4911orwww.lJ"Nbmorg)

The Chemlclllindustry

(1·800-672-6048 or wwwdWmalhar.ceorg)

The Transportallon Industry

(1-888-459-0656 or www.lranSOUfce.org)

The Paints and CoatIngs Center

(l.aQO.28&6372 or WW'N,paintC9l1ler org)

Three new centers are under development for the aulo

salvage seclor, the construction industry, and U.S. Me)!:l·

can border waste issues.

State Agencies

Many state agencies have established compliance assistance programs that provide on-site and other types of

assistance Contact your local stale environmental agency

for more Intormalion For assist,mce in reaching Slate

agencies, call EPA's Small Business Ombudsman at

(800)-368-5888 or viSll the Small Business Environmental

Homepago at hIlP:ltwww.smalibiz-enviroweb.orglstate.html.

Compliance Incentives

EPA provides Incentives lor environmental compliance. By

participating in compliance assistance programs or

voluntarily disclosing and promptly correcting violations,

businesses may be eligible for penalty waivers or reductions. EPA has two policies that potentially apply to small

businesses: The AudIt Policy (hllp:JIwww,epa,gov/comptlance/mcentlves/aud (Ing) and the Small Bustness Policy

l hnp(lwww epa gov/compilance'-Incent veSlsma~buSlness)

These do nol apply II an enforcement action has a ready

been initiated,

Commenting on Federal Enforcement

Actions and Compliance Activities

The Small Business Regulalory Enloroement FaIrness Act

(SBREFA) established an ombudsman ("SBAEFAOmbuds·

man-) and 10 ReglOOal FallT'\9ss Boards 10 receIVe corrmentS

Irom small buSWleSSeS about Iederal agc'lCy ertlOfCeMOOI

aCllons The SBREFAOmbudsman WIIIannua Iy rate eaen

agency s responSIVeness to small busmesses II you bel'eve

thaI you laU WIthIn the Smal' BuSiness AdmnsttallOrfs

ctellnruon ot a small buSIness (based on your North Amencan

IndusttyCIaSSlficatlOrt System (NAICSl deSlQnallon, m,mber

01 employees Of annuallllC8lpts, defined at 13 C,ER.

121.201; In most cases, this means a buslness wrth 500 Of

fewer~l,andWlShloalmmefltonfederalenforcement and compliance activrties. call the SBREFA

Ombudsman's telI·free runber atl-888-REG-FAJR (1-888-

734-3247).

Every small business that is lhe SUbJeCt of an enforcemenl

or compliance actioolS entitled 10 comment on the

Agency's at1lons wllhoullear of relallatlon EPA

employees are prohlbllGd from USing enforcemenl or any

other means 01 retaliallon aga nSl any member 01 the

regul3100 community because lOe regulated cornmuntly

plevlously commented on ItS aCIIVIlles

Your Duty to Comply

If you receive comphance assislance Of subm,t comments

to tl'l8 SBREFAOmbudsman or Regional Fairness Boards,

you stilt have lhe duty to comply with the law, Inclucllng

providing timely responses to EPA information requests,

admimstmtive Of civil complaints, other enforcement

actions or communicat,ons The aSSistance information

and comment processes do nOt give you any new rights or

defenses In any enforcement action. These processes

also do nOI allecl EPA's obligation to protect public health

or the environment under any of the enVlronmenlal statutes

It enforces, including the nghtlo lake emergency remedlai

or emergency response actions when appropriate. Those

decisions Will be based on the lacls in each situalion, The

SBREFAOmbudsman and Fairness Boards do not

participate in resolVIng EPA's enforcemenl actions. Also,

remember thaI to preserve your rights, you need 10 comply

witn all rules governing the enforcement process.

EPA Is dissemInatIng this Information to you

without making a determl~tion rhlJt yourbusiness

or organization Is a small business as defined by

Sttetlon 222 of lhe Small Business Regulatory

Enforcement Fairness Act (SBREFA) or related

provisions,